Paulette v. Brown

Error to St. Louis Circuit Court. I. The instruction in regard to the witness Tallis, at instance of defendant, should have been refused ; because such instructions are improper. The old decisions would sustain it — State v. Mix, 15 Mo. 153; Gillett v. Wimer, 23 Mo. 79, and State v. Dwier, 25 Mo. 554. But later authorities repudiate them — State v. Cushing, 29 Mo. 217j where the court declares such an instruction to be an invasion of the province of a jury; and State v. Stout, 31 Mo. 406, where such instructions are regarded as unusual; and Blanchard v. Pratte, 37 Ills. 246, where perhaps the…